CITY OF SANTA MARIA, CALIFORNIA CITY HALL COUNCIL CHAMBERS AGENDA OF THE CITY COUNCIL
Mayor Larry Lavagnino Mayor Pro Tem Alice Patino Councilmember Bob Orach Councilmember Marty Mariscal Councilmember Leo Trujillo			City Manager Tim Ness City Attorney Gil Trujillo City Clerk Patti Rodriguez Chief Deputy City Clerk Patricia Perez Ex-Officio Clerk of the City Council
	REGULAR MEETING NOVEMBER 21, 2006 5:00 P.M.

This agenda is prepared and posted pursuant to Government Code Section 54954.2. By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item. In addition to any action identified in the summary description of each item, the action that may be taken by the City Council shall include: a referral to staff with specific requests for information; continuance; specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and disapproval. Items not on the agenda may not be discussed or acted upon except under emergency circumstances. (Government Code Section 54954.2).

Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk, available for public inspection during City Hall business hours, and in the Library the Friday before the meeting. If requested, the agenda and supporting documents shall be made available in alternative formats to persons with a disability. The City Clerk will answer any questions regarding the agenda.

The City of Santa Maria welcomes orderly participation at its meetings from all members of the public. Orderly participation means speaking only on items of City business or on subjects within the City’s control. Though the City Council wants to hear your concerns and values your input, it is inappropriate to defame, yell, or use profane language. All cellular telephones and pagers are to be turned off or set to vibrate, and signs are not to be displayed in a manner which violates the rights of others or prevents others from watching or fully participating in the Council meeting. Pursuant to Government Code Section 36813, the Mayor is authorized to prohibit such conduct, up to and including ordering anyone that disrupts the meeting to be removed from the City Council Chambers.

Participation includes assistance under the Americans with Disabilities Act to provide an equally effective opportunity for individuals with a disability to participate in and benefit from City activities. To request assistance, please call 925-0951, extension 307. For TDD (Telecommunications Devices for the Deaf) call (800) 735-2929. The City has equipment available for the hearing impaired and for Spanish-only speaking persons who wish to participate. In order for the City to make reasonable accommodation arrangements for the meeting, notification is required at least by the Friday before the meeting.

CALL TO ORDER: Mayor Lavagnino

ROLL CALL: Councilmembers Mariscal, Orach, Patino, Trujillo and Mayor Lavagnino

PUBLIC COMMENT PERIOD (NOT TO EXCEED A TOTAL OF 15 MINUTES):

The Council values your input. Individual speakers are limited to three minutes or as directed by the Mayor. To address the Council you are asked to fill out a Request to Speak Form and provide it to City Staff PRIOR TO this part of the agenda. Once the public comment period commences, no other speakers will be allowed to submit a Request to Speak Form. This time is reserved to accept comments from the public on Closed Session Items. Direction to staff may be given; however, State law does not allow action to be taken by the Council on matters not on the printed agenda at this meeting. The law requires that notice be given to the public at large to allow for full disclosure and discussion and decisions on important public issues. To have City Council discussions and decisions on unnoticed items would prevent the type of public input necessary to make government decisions.

RECESS: The City Council will immediately recess to a Closed Session for the following:

CONFERENCE WITH LEGAL COUNSEL regarding EXISTING LITIGATION pursuant to Subsection (a) of Government Code Section 54956.9 to discuss SANTA MARIA VALLEY WATER CONSERVATION DISTRICT v. CITY OF SANTA MARIA.

PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Subsection (e) of Government Code Section 54957:

Title: City Manager and City Attorney

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (1 potential case)

CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8.

Property: Corner of Miller & Boone, a portion of APN 125-150-02.

Agency negotiator: Director of Public Works/City Engineer

Negotiating Parties: City of Santa Maria and LaBrea Ice Company

Under negotiation: Instruction to negotiator will concern price and terms of payment

RECONVENE: City Council will reconvene to open session at 6:30 p.m.

CLOSED SESSION REPORT:

INVOCATION:

PLEDGE OF ALLEGIANCE TO THE FLAG:

CALL TO ORDER: Mayor Lavagnino

ROLL CALL: Councilmembers Mariscal, Orach, Patino, Trujillo and Mayor Lavagnino

1. PROCLAMATIONS/COMMENDATIONS/PRESENTATIONS:

A. Recreation and Parks Volunteers of the Month for November 2006:

DIXIELAND JAZZ BAND

for giving their time and talents to provide wonderful musical entertainment for the senior citizens at the Elwin Mussell Center every week and for participating in the Harvest Moon Dinner and Dance, the 4^th of July Celebration, the Celebration of Life Event, and the Decadent Desserts and Dixie.

B. Proclamation declaring the week of November 7 – 13, 2006, as:

“KEY CLUB WEEK”

in the City of Santa Maria and calling upon all residents to support the members of this organization, whose members are preparing themselves to be better, more responsible citizens, as they provide meaningful service to our community.

2. PUBLIC COMMENT PERIOD (NOT TO EXCEED A TOTAL OF 15 MINUTES):

The Council values your input. Individual speakers are limited to three minutes or as directed by the Mayor. To address the Council you are asked to fill out a Request to Speak Form and provide it to City Staff PRIOR TO this part of the agenda. This assists the Clerk in accurately preparing the minutes of the meeting. Once the public comment period commences, no other speakers will be allowed to submit a Request to Speak Form. This time is reserved to accept comments from the public on Consent Agenda items, Closed Session items, or matters not otherwise scheduled on this agenda. Direction to staff may be given; however, State law does not allow action to be taken by the Council on matters not on the printed agenda at this meeting. The law requires that notice be given to the public at large to allow for full disclosure and discussion and decisions on important public issues. To have City Council discussions and decisions on unnoticed items would prevent the type of public input necessary to make governmental decisions.

3. CONSENT CALENDAR

The following routine items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting.

SHOULD A COUNCILMEMBER WISH TO DISCUSS OR DISAPPROVE ANY ITEM, it must be dropped from the blanket motion of approval and considered as a separate item. (Estimated time: 3 minutes unless items are discussed.)

ROLL CALL: Councilmembers Mariscal, Orach, Patino, Trujillo, and Mayor Lavagnino

CITY MANAGER/CITY CLERK:

A. Recommendation of City Staff to waive the reading in full of all ORDINANCES and RESOLUTIONS. Ordinances on the Consent Agenda will be adopted by the same vote cast at the first meeting, unless City Council indicates otherwise.

B. Recommendation of City Staff that the City Council approve the MINUTES of the Regular City Council Meeting of November 7, 2006.

a. To be approved.

C. Recommendation of City Staff that the City Council adopt a resolution approving a MEMORANDUM OF UNDERSTANDING between the City of Santa Maria and the Service Employees International Union (SEIU), Local 620, for part-time employees.

a. Resolution No. 2006-181 to be adopted approving the Memorandum of Understanding.

ADMINISTRATIVE SERVICES DEPARTMENT:

D. Payment of WARRANTS.

a. To be ordered ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Administrative Services.

E. Payment of PAYROLL.

a. To be ordered ratified subject to having been certified by the proper Department Heads, as shown on records on file in the Department of Administrative Services, and having been approved for payment by the Director of Administrative Services.

PUBLIC WORKS DEPARTMENT:

F. Recommendation of City Staff that the City Council adopt a resolution approving a REIMBURSEMENT AGREEMENT between the City and Santa Barbara County Flood Control and Water Conservation District regarding the sharing of costs for the services of Marlowe & Company for comprehensive Federal government affairs representation for efforts to gain funding for costs associated with the Santa Maria River Levee.

a. Resolution No. 2006-182 to be adopted approving the Reimbursement Agreement.

RECREATION AND PARKS DEPARTMENT:

G. Recommendation of City Staff that the City Council adopt a resolution approving the recommendation of the Recreation and Parks Commission to approve the JOINT USE AGREEMENT between Allan Hancock College and the City of Santa Maria for the Atkinson Life Long Learning Center.

a. Resolution No. 2006-183 to be adopted approving the Joint Use Agreement with Allan Hancock College.

PUBLIC HEARINGS

4. GENERAL PLAN AMENDMENT, PREZONING, AND ANNEXATION FOR THE QUAIL RUN PROJECT, LOCATED ON THE WEST SIDE OF SOUTH COLLEGE DRIVE AND EAST SIDE OF SANTA MARIA WAY TO U.S. 101, GPZ-2005-011, E-2005-077, ANNEXATION #105 (61.3 ACRES). Consideration of a recommendation from the Planning Commission regarding an amendment to the General Plan (Land Use) from 22.2 acres of FS (Freeway Service) and 5.9 acres of LWDR-4 (Lower Density Residential, maximum 4 units per acre) to 22.2 acres of CC (Community Commercial) and 5.9 acres of HDR (High Density Residential); prezoning to 31.8 acres of PD/RMH, 5.9 acres of PD/R-3 (Planned Development/High Density Residential), 1.4 acres of FS (Freeway Service), and 22.2 of PD/C-2 (Planned Development/General Commercial), and annexation of approximately 61.3 acres. The proposed annexation includes County Assessor’s Parcel Nos. 109-200-028, -032, -033, 109-210-001 through –063, 109-220-001 through –056, 109-260-001 through –048,109-270-001 through –048, 107-070-009, and 107-070-046. Environmental review has been addressed through Santa Barbara County FEIR, and Class 1 and 32 categorical exemptions; the annexation applies a Class 19 categorical exemption and Addendum E-2005-077.

On October 18, 2006, the Planning Commission conducted a public hearing and adopted Resolution 2440 recommending that the City Council certify the Final Environmental Impact Report, adopt findings and a Statement of Overriding Considerations, and approve a mitigation monitoring program. The Planning Commission also adopted Resolution 2441 recommending that the City Council approve the General Plan (Land Use) amendment and Resolution 2442 recommending the City Council initiate the annexation. All actions passed with a 5-0 vote.

a. Staff report to be made. (Director of Community Development)

b. Written communications.

c. Those in favor to be heard.

d. Those in opposition to be heard.

e. After all persons have been heard, and all communications filed, hearing to be closed.

f. Resolution No. 2006-184 to be adopted certifying that the Final Environmental Impact Report prepared for the Orcutt Community Plan Update and the Supplemental EIR prepared for Orcutt Plaza and Initial Study/Addendum E-2005-007 for the Quail Run project were prepared in compliance with the California Environmental Quality Act and the City’s Environmental Procedures, adopting CEQA findings and Statement of Overriding Considerations, and adopting a mitigation monitoring program.

g. Resolution No. 2006-185 to be adopted authorizing the filing of a Notice of Exemption, E-2005-077, for portions of the Quail Run Project, GPZ-2005-011; and

h. Resolution No. 2006-186 to be adopted amending the General Plan (Land Use) from LWDR-4 (Lower Density Residential, 4 units/acre) on 5.9 acres and FS (Freeway Service) on 22.2 acres to HDR (High Density Residential) on 5.9 acres and CC (Community Commercial) on 22.2 acres.

i. Ordinance No. 2006-15 prezoning the properties to PD/C-2 (Planned Development/Community Commercial, RMH (Residential Mobile Home), R-3 (High Density Residential), and FS (Freeway Service) to be introduced by title only for first reading and continued to the next meeting for second reading and adoption.

j. Resolution No. 2006-187 to be adopted to initiate the annexation of approximately 60 acres.

ROLL CALL: Councilmembers Mariscal, Orach, Patino, Trujillo, and Mayor Lavagnino

5. GENERAL PLAN AMENDMENT/ZONE CHANGE FOR INLAND PACIFIC BUILDERS, LA VENTANA II PROJECT, ON 38.27 ACRES AT THE NORTHEAST CORNER OF EAST MAIN AND PANTHER DRIVE (FORMERLY FREMONT STREET), GPZ-2005-003, E-2005-027. Consideration of a recommendation from the Planning Commission regarding a General Plan (Land Use) amendment from 38.27 acres of AOS-I (Primary Agricultural Open Space) to 35.27 acres of LWDR-4 (Lower Density Residential, 4 units/acre) and 3.0 acres of CC (Community Commercial); and a zone change from 38.27 acres of OS (Open Space) to 35.27 acres of R-1 (Single Family Residential) and 3.0 acres of PD/C-2 (Planned Development/General Commercial); and an Environmental Impact Report.

On October 18, 2006, the Planning Commission conducted a public hearing and adopted Resolution 2438 recommending that the City Council certify the Final Environmental Impact Report, E-2005-027, adopt findings and a Statement of Overriding Considerations, and approve a mitigation monitoring program. The Planning Commission also adopted Resolution 2439 recommending that the City Council approve the General Plan (Land Use) amendment. Both actions passed with a 5-0 vote.

a. Staff report to be made. (Director of Community Development)

b. Written communications.

c. Those in favor to be heard.

d. Those in opposition to be heard.

e. After all persons have been heard, and all communications filed, hearing to be closed.

f. Resolution No. 2006-188 to be adopted certifying the Final Environmental Impact Report, making CEQA findings, adopting a Statement of Overriding Considerations, and approving a mitigation monitoring program for the La Ventana II Project.

g. Resolution No. 2006-189 to be adopted recertifying the Final Environmental Impact Report with Addendum, E-2005-027, making CEQA findings, adopting a Statement of Overriding Considerations, and approving a mitigation monitoring program for the La Ventana II Project.

h. Resolution No. 2006-190 to be adopted amending the General Plan (Land Use) on 38.27 acres from Primary Agricultural Open Space (AOS-I) to 3.00 acres of Community Commercial and 35.27 acres of Lower Density Residential (LWDR-4).

i. Ordinance No. 2006-16 rezoning the 38.27 acres site from OS (Open Space) to 3.00 acres of PD/C-2 (Planned Development/General Commercial) and 35.27 acres of R-1 (Single Family Residential) to be introduced by title only for first reading and continued to the next meeting for second reading and adoption.

ROLL CALL: Councilmembers Mariscal, Orach, Patino, Trujillo, and Mayor Lavagnino

REDEVELOPMENT AGENCY TO CONVENE FOR JOINT SESSION WITH THE CITY COUNCIL.

ROLL CALL: Board Member Mariscal, Orach, Patino, Trujillo, and Chairperson Lavagnino

REGULAR BUSINESS:

6. FIRST MODIFICATION OF AMENDMENT NO. 3 TO AND RESTATEMENT OF CONSTRUCTION, OPERATION AND RECIPROCAL EASEMENT AGREEMENT REGARDING THE MALL AT SANTA MARIA, LLC FOR THE GALAXY THEATER PROJECT LOCATED NEAR THE CORNER OF EAST COOK STREET AND SOUTH BROADWAY.

a. Staff report to be made. (City Attorney/RDA Counsel)

b. Written communications.

c. Those in favor to be heard.

d. Those in opposition to be heard.

e. After all persons have been heard, and all communications filed, hearing to be closed.

f. Joint Resolution of the Redevelopment Agency and the City Council Nos. 2006-02 and 2006-191 to be adopted approving the First Modification of Amendment No. 3 to and Restatement of Construction, Operation and Reciprocal Easement Agreement for the Galaxy Theater Project.

ROLL CALL: Council/Board Members Mariscal, Orach, Patino, Trujillo, and Chairperson Lavagnino

REDEVELOPMENT AGENCY MEETING TO ADJOURN.

CITY COUNCIL MEETING TO CONTINUE.

REPORT BY CITY MANAGER:

ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS):

CLOSED SESSION: The City Council will recess to a Closed Session to discuss any items not completed at the 5:00 p.m. Closed Session:

ADJOURNMENT:

ANNOUNCEMENTS

CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON COMCAST CABLE TELEVISION CHANNEL 23 AND ARE REBROADCAST AT 9:00 A.M. ON THURSDAYS AND ON THE FOLLOWING TUESDAY AT 6:30 P.M.

IF YOU CHALLENGE A DETERMINATION MADE ON A MATTER ON THIS AGENDA IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED ON THIS AGENDA, OR IN WRITTEN CORRESPONDENCE TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING.

THE NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD TUESDAY, DECEMBER 5, 2006. THE DEADLINE FOR SUBMITTING ITEMS FOR THE DECEMBER 5TH MEETING IS NOVEMBER 22, 2006.

CITY CALENDAR
BOARD/ COMMISSION	NEXT MEETING	MEETING PLACE	MEETING TIME
Planning Commission	Dec. 6, 2006	City Council Chambers	6:30 p.m.
Block Grants Advisory Committee	Dec. 11, 2006	City Hall Conference Room	5:30 p.m.
Landmark Committee	Dec. 12, 2006	City Hall Conference Room	4:00 p.m.
Recreation and Parks Commission	Dec. 12, 2006	City Council Chambers	6:30 p.m.
Library Board	Dec. 12, 2006	Library Conference Room	7:00 p.m.
Code Compliance Board	Dec. 14, 2006	City Council Chambers	4:00 p.m.
All-America City Committee	Dec. 18, 2006	United Way	5:30 p.m.